Terms and Conditions for Fivefeetabove Productions

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Effective Date: January 18, 2026
Company: Fivefeetabove Productions
Contact: 647-708-8168 | info@fivefeetabove.ca
Website: www.fivefeetabove.ca

1. Introduction and Acceptance

Welcome to Fivefeetabove Productions. These Terms and Conditions govern your  use of our website, the booking of our photography/videography services, and the purchase of any physical or digital products (e.g., wedding albums, digital files, prints). By accessing our website, booking our  services, or making a purchase, you agree to be bound by these Terms.

2. Services and Booking

2.1 Service Agreement: All photography and videography services are outlined in a separate, detailed Service Agreement/Contract provided upon booking. That signed  Agreement takes precedence over any general terms stated here.
2.2 Booking & Retainer: To secure your date, a non-refundable retainer (specified in your Service Agreement) and a signed contract are required. The retainer is applied toward the total package cost.
2.3 Client Responsibilities: You are responsible for ensuring access to all relevant locations, coordinating with the venue for any photographer/videographer restrictions, and obtaining any necessary permits. You agree to provide a detailed timeline and list of key shots/events prior to the wedding day.

3. Payments and Fees

3.1 Payment Schedule: The payment schedule (retainer, interim payments, final balance) will be detailed in your Service Agreement. The final balance is typically due before or on the wedding day.
3.2 Late Payments: Late payments may incur a fee (e.g., 2% monthly increase) and can result in a pause of services or withholding of deliverables until payment is complete.
3.3 Taxes: All prices are subject to applicable Canadian sales taxes (HST).

4. Cancellation and Postponement

4.1 Client Cancellation: If you cancel the services, the retainer is forfeited. If cancellation occurs within [e.g., 90] days of the wedding, a percentage of the total package (as outlined in your Service Agreement) may be due as a cancellation fee.
4.2 Postponement: If you postpone your wedding, we will make every effort to accommodate the new date subject to availability. The retainer and any payments made will be transferred to the new date. If the new date is not available, the cancellation policy may apply.
4.3 Photographer/Videographer Cancellation: In the extremely unlikely event that Fivefeetabove Productions is unable to perform due to illness, emergency, or other circumstances beyond our control, we will make every reasonable effort to provide a replacement professional of similar skill. If a replacement cannot be found, all money paid will be refunded, and liability will be limited to that refund.

5. Artistic License and Style

5.1 Style: You acknowledge that you have viewed our portfolio and are familiar with our style. We will use our professional judgment and artistic vision to create images and films consistent with that style.
5.2 Coverage: We will make every effort to capture requested shots, but no specific pose, shot, or image is guaranteed. We are not liable for missed shots due to uncontrolled circumstances (e.g., weather, schedule delays, restricted access).
5.3 Editing: We retain creative control over editing, including color correction, cropping, and stylization. Additional editing requests may incur fees.

6. Copyright and Usage

6.1 Ownership: Fivefeetabove Productions retains full copyright and ownership of all images and video footage created.
6.2 Client License: Upon full payment, you receive a personal, non-commercial, perpetual license to reproduce, share, and print the delivered images/video for personal use. You may not sell, publish, or use the media for commercial or promotional purposes without our written permission.
6.3 Model Release: You grant Fivefeetabove Productions permission to use images and video from your wedding for our portfolio, website, social media, advertising, and promotional materials unless a separate Model Release restriction is agreed upon in writing.

7. Product Sales (Albums, Prints, Digital Files)

7.1 Orders: All orders for physical products (albums, prints, etc.) are considered final once payment is processed.
7.2 Delivery & Shipping: We will provide an estimated delivery timeframe. We are not responsible for delays caused by third-party manufacturers or shipping carriers.  Shipping costs and risks of loss/damage during transit are the client's responsibility once the product leaves our possession.
7.3 Quality & Returns: We carefully inspect all products. Due to their custom nature, physical products cannot be returned unless defective. If a defect is found, you must notify us within [e.g., 7 days] of receipt for a replacement or repair. Returns for digital files are not permitted.
7.4 Color Variance: Slight color variations may occur between your screen, proofs, and final printed products.

8. Limitation of Liability

Our total liability for any claim arising from our services or products is limited to the total amount you paid for those specific services or products. We are not liable for any incidental, consequential, or punitive damages. This includes, but is not limited to, failure to deliver resulting from events beyond our reasonable control (acts of  God, accidents, illness, etc.).

9. Website Use and Online Store

9.1 Content: All content on our website (images, text, design) is our property and protected by copyright.
9.2 Orders: Placing an order constitutes an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including errors in product description or pricing.
9.3 Pricing: We reserve the right to change product prices at any time without notice. Prices on confirmed orders are locked in.

10. Governing Law and Disputes

These Terms shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

11. Revisions

Fivefeetabove Productions reserves the right to update these Terms and Conditions at any time. The terms in effect at the time of your booking or purchase will govern that transaction.

12. Contact

For questions about these Terms, your service agreement, or any products, please contact us at:
Fivefeetabove Productions
Phone: 647-708-8168
Email: info@fivefeetabove.ca
Website: www.fivefeetabove.ca

By booking our services or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

© 2026 Fivefeetabove Productions. All rights reserved.